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(영문) 청주지방법원 충주지원 2015.01.28 2014고정150
근로기준법위반
Text

Defendant

A shall be punished by a fine for negligence of 500,000 won, and by a fine of 5,00,000 won, respectively.

The above defendants each of the above defendants.

Reasons

Punishment of the crime

【Defendant A is an employer who runs a construction business, and Defendant A did not pay KRW 1,690,000 of the wages of the worker F who provided labor at the construction site from among “E Park Construction and Appurtenant Work” on the ground, other than D, Chungcheongnam-gun, Chungcheongnam-do, which was subcontracted from October 20, 2013 to November 8, 2013, within 14 days from the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the due date for payment between the parties.

【Where a construction business is conducted two or more times and a subcontractor who is not the constructor fails to pay wages to workers employed by him/her, an immediate upper contractor shall be liable to pay wages to workers employed by the subcontractor jointly and severally with the subcontractor.

Defendant

B is the representative director of H (hereinafter referred to as “H”) of the corporation located in the 1st floor of the Cheongju-si, substantial Gu, and H is registered as a constructor (business registration number): I.

The Defendant awarded a contract from K of the J Religious Organizations for the “E Park Construction and Appurtenant Construction and Incidental Works” on a parcel of land, other than Da, Chungcheongnam-gun, Chungcheongnam-gun, and the Defendant subcontracted the parts of the project to L who did not obtain a construction business license, and subcontracted the parts of the project to A who did not obtain a construction business license.

The Defendant employed ① at the construction site above (i) from September 1, 2013 to September 30, 2013, and (ii) from September 30, 2013 to September 30, 2013, the Defendant’s wage of KRW 1,650,00,000 for workers M who provided labor. The “work period” in the attached crime list refers to the payment period between the parties concerned, without any agreement between the parties on the extension of the payment date between the 18 workers as stated therein, and (iii) the Defendant did not pay the total of KRW 15,325,00 for each worker within 14 days from the date of the occurrence of the cause for payment without any agreement between the parties concerned.

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